New Mexico Concealed Carry Laws & Information

We try to stay as up to date as possible, but always check with local law enforcement to be sure about which states honor your states permit.

The following states have permitless carry. This means that if you can legally possess a firearm in that state you can carry it concealed without a permit/license. You still have to abide by all conceaeled carry laws in that state. Please note that the last three states only allow residents to carry without a permit/license. Alaska, Arizona, Kansas, Maine, Mississippi, Missouri, New Hampshire, Vermont, West Virginia, Idaho (Residents Only), North Dakota (Residents Only), Wyoming (Residents Only).


Information compiled from various state government and private sites from around the web.

Reciprocity: How This State Honors Other States Permits & Licenses

Arizona, Alaska, Arkansas, Colorado, Delaware, Florida, Idaho*, Kansas, Louisiana, Michigan, Mississippi, Missouri, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, Wyoming.

*Idaho – New Mexico will only honor the Enhanced Idaho Permits.
New Mexico Honors Non-Resident Permits/Licenses From the States They Honor. (You must be 21 Years Old)

29-19-12. Rules; Department to Administer; Reciprocal Agreements With Other States

E. provision of discretionary state authority for the transfer, recognition or reciprocity of a concealed handgun license issued by another state if the issuing authority for the other state:

(1) includes provisions at least as stringent as or substantially similar to the Concealed Handgun Carry Act;

(2) issues a license or permit with an expiration date printed on the license or permit;

(3) is available to verify the license or permit status for law enforcement purposes within three business days of a request for verification;

(4) has disqualification, suspension and revocation requirements for a concealed handgun license or permit; and (5) requires that an applicant for a concealed handgun license or permit:

(a) submit to a national criminal history record check;

(b) not be prohibited from possessing firearms pursuant to federal or state law; and

(c) satisfactorily complete a firearms safety program that covers deadly force issues, weapons care and maintenance, safe handling and storage of firearms and marksmanship.


How to Apply for a New Mexico Concealed Carry Permit

Applications may be requested from State Police District Offices or may be downloaded. Go to your local Police or Sheriff to get fingerprinted and then send the Application and supporting documents to:

NM Department of Public Safety
SID/Concealed Carry Unit
6301 Indian School Rd. NE Suite 310
Albuquerque, NM 87110

 

New Applications

Include the following for New applications:

1. Complete 2-Page Application

2. $56 for the Application Fee paid to NMDPS

3. $44 for Background Check paid to Cogent (total cost = $100)

z4. Photocopy of New Mexico Driver’s License or Identification Card

5. Photocopy of birth certificate: Must be issued by a vital statistics or similar agency in the state in which you were born, no photo copies. Refer to 29-19-5 B(6)

6. Certificate of Completion of Firearms Training (New Mexico Certified Instructors)

7. Two (2) Authorization Release Forms: Health Information Release Form & Authorization for Release of Information

8. Electronic Fingerprint Background Check receipt

 

Renewal Applications

Include the following for Renewal applications:

1. Complete 2-Page Application

2. $31 for the Application Fee paid to NMDPS

3. $44 for Background Check paid to Cogent (total cost = $75)

4. Photocopy of New Mexico Driver’s License or Identification Card

5. Certificate of Completion of Firearms Training

6. Electronic Fingerprint Background Check receipt.

7. If you are applying under Law Enforcement status all documents (as a new application) required under 10.8.2.30/31 NMAC.

 

Incomplete applications will not be processed. Your fee will be deposited and you must meet the guidelines set forth in NMAC 10.8.2.11 C. Fees are non-refundable (29-19-5 B (2) NMSA 1978).

For a complete outline of eligibility requirements, refer to the New Mexico Concealed Handgun Carry Act of 2003 as amended in 2005 29-19-1 thru 14 NMSA 1978 and NMAC 10.8.2. Personal check, cashier’s check or money order should be made payable to: New Mexico Department of Public Safety. Cash will NOT be accepted. If you are applying for both a NM Concealed Handgun License and Training Instructor approval, submit one application indicate it is for both purposes by checking the appropriate box(es) at the top of the application. There is NO FEE if you are applying for training instructor approval only; however, an electronic background check is also required. Electronic fingerprint background checks can be taken at any 3M Cogent service center. You can find more information at the NM DPS here.

For Military/Mounted Patrol/Law Enforcement Concealed Carry Applicants can find more information from the New Mexico DPS here.

10.8.2.16 Terms and Conditions of License:

A. Carrying only handguns listed on license. No person shall carry a concealed handgun of a different category or higher caliber than is indicated on the license issued to that person by the department. A licensee shall only carry one (1) concealed handgun at any given time.

B. Consumption of alcohol prohibited. No person shall consume alcohol while carrying a concealed handgun.

C. Carrying while impaired. Pursuant to NMSA 1978 Section 30-7-4, no person shall carry a concealed handgun while impaired by the use of alcohol, controlled substances, or over-the-counter or prescribed medications.

10.8.2.18 Additional Handgun Endorsement: If a licensee wishes to add another category or additional higher calibers of handguns to his license, the licensee shall file with the department an application for a renewed license. The licensee shall also submit a certified copy of a certificate of completion from an approved instructor stating that the licensee has demonstrated competency on a firing range for each additional category and caliber of handgun, his current license, and a $5.00 processing fee. The licensee need not retake the classroom portion of the firearms training course. The department shall issue a renewed license within 10 days of receipt of the application. The renewed license shall expire on the same date as the original license would have expired. In accordance with NMSA 1978 Section 29-19-9, a licensee shall not carry a concealed handgun until he receives the renewed license. [10.8.2.18 NMAC - N, 11-26-03; A, 11-30-05]

The New Mexico is now offering a 2 hour Online Refresher Course which all Renewals must have to renew their Concealed Carry License.


How to Obtain A Non-Resident New Mexico Concealed Carry Permit

New Mexico does not issue Non-Resident Permit/Licenses. New Mexico will issue to Military and their Dependents Stationed in New Mexico. See here for more information.

10.8.2.17 License Renewal and Transfer:

B. To transfer a license from another state. A person seeking to transfer a license from another state may file an application for a New Mexico renewed license on the form prescribed by the department. An applicant for transfer shall not carry a concealed handgun in New Mexico until the applicant receives a New Mexico license unless they have a license from a state that has been accepted by transfer, recognition or reciprocity by New Mexico.

(1) In addition to the filings required by Paragraph 3 of Subsection A of this section, the applicant for transfer shall file:

(a) proof of citizenship as provided in Subsection A of 10.8.2.12 NMAC;
(b) proof of residency as provided in Subsection B of 10.8.2.12 NMAC;
(c) proof of age as provided in Subsection C of 10.8.2.12 NMAC; and
(d) a photocopy of the license being transferred.

(2) The applicant for transfer shall complete:

(a) a refresher firearms training course if the firearms training required by the other state meets or exceeds New Mexico firearms training requirements and the licensee completed firearms training not more than 1 year prior to filing the application; or
(b) an initial firearms training course if the firearms training required by the other state does not meet New Mexico firearms training requirements or the licensee completed firearms training more than 1 year prior to filing the application.

(3) The applicant for transfer must meet all other requirements for obtaining a license in New Mexico
by showing either that:

(a) the requirements for licensure in the other state meet or exceed the requirements for issuance of a license in New Mexico; or
(b) the applicant has satisfactorily completed the requirements for issuance of a license in New Mexico that were not applicable in the other state.

C. Time period for review. As prescribed in Subsection A of NMSA 1978 Section 29-19-6, the department shall review the application for a renewed license, conduct a national criminal background check of each applicant for a renewed license or transfer of a license from another state, and make a determination within 30 days of the date the department receives a complete application and background check.

D. Determination by department.

(1) Approval. If the department finds that the applicant for a renewed license or transfer of a license from another state meets the requirements in the act and this rule for a renewed license, the department shall issue a license.


Places You Can Not Carry Even With a New Mexico Concealed Carry Permit

In New Mexico, licensees can only carry one concealed handgun at any time. It is legal to carry more than one firearm. However, only one firearm may be concealed on your person at a time. This restriction does not apply to firearms carried in your vehicles, on or off your person. See NM Admin Code 10.8.2.16 for complete wording of places off limits.

You may NOT carry a handgun, openly or concealed, in:

  • Schools except in vehicle if older than 19 (30-7-2.1 NMSA 1978, fourth degree felony)
  • University Premises except in vehicle if older than 19 (30-7-2.4 NMSA 1978 petty misdemeanor)
  • Preschools (29-19-8 NMSA 1978)
  • Courts (29-19-11 NMSA 1978, without the consent of the presiding judge) Court means: any Federal, State, County, Municipal, or Tribal Court;
  • Tribal Land (29-19-10, NMSA, unless authorized by the governing body of the tribe or pueblo)
  • Public buses (30-7-13 NMSA 1978, misdemeanor)
  • Airport security zones
  • Federal Properties, Military Bases, Courthouse, etc.
  • National Parks and National Wildlife Management Areas are OK if you have a NM Permit/License to Carry or a Permit/License valid in New Mexico.
  • On private property where the owner has posted signs indicating that you may not carry or if the owner tells you that you cannot.

30-7-3. Unlawful Carrying Of a Firearm in Licensed Liquor Establishments. (Restaurant Carry Legal)

A. Unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages consists of carrying a loaded or unloaded firearm on any premises licensed by the regulation and licensing department for the dispensing of alcoholic beverages except:

(1) by a law enforcement officer in the lawful discharge of the officer's duties;

(2) by a law enforcement officer who is certified pursuant to the Law Enforcement Training Act acting in accordance with the policies of the officer's law enforcement agency;

(3) by the owner, lessee, tenant or operator of the licensed premises or the owner's, lessee's, tenant's or operator's agents, including privately employed security personnel during the performance of their duties;

(4) by a person carrying a concealed handgun who is in possession of a valid concealed handgun license for that gun pursuant to the Concealed Handgun Carry Act on the premises of:

(a) a licensed establishment that does not sell alcoholic beverages for consumption on the premises; or
(b) a restaurant licensed to sell only beer and wine that derives no less than sixty percent of its annual gross receipts from the sale of food for consumption on the premises, unless the restaurant has a sign posted, in a conspicuous location at each public entrance, prohibiting the carrying of firearms, or the person is verbally instructed by the owner or manager that the carrying of a firearm is not permitted in the restaurant;

(5) by a person in that area of the licensed premises usually and primarily rented on a daily or short- term basis for sleeping or residential occupancy, including hotel or motel rooms;

(6) by a person on that area of a licensed premises primarily used for vehicular traffic or parking; or

(7) for the purpose of temporary display, provided that the firearm is:

(a) made completely inoperative before it is carried onto the licensed premises and remains inoperative while it is on the licensed premises; and
(b) under the control of the licensee or an agent of the licensee while the firearm is on the licensed premises.

B. Whoever commits unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages is guilty of a fourth degree felony.

New Mexico Alcohol & Gaming Division No Gun Signage with Exception.

29-19-10. Validity of License on Tribal Land. A concealed handgun license shall not be valid on tribal land, unless authorized by the governing body of an Indian nation, tribe or pueblo.


“No Gun Signs” Have the Force of Law

In North Carolina, "No Gun Signs" have force of law according to 10.8.2.16.

F. Carrying prohibited on private property. In addition to other limitations stated in the act, a licensee may not carry a concealed handgun on or about his person on private property that has signs posted prohibiting the carrying of concealed weapons or when verbally told so by a person lawfully in possession of the property.

30-7-3 Unlawful Carrying of a Firearm in Licensed Liquor Establishments
(A)(4)(b) a restaurant licensed to sell only beer and wine that derives no less than sixty percent of its annual gross receipts from the sale of food for consumption on the premises, unless the restaurant has a sign posted, in a conspicuous location at each public entrance, prohibiting the carrying of firearms, or the person is verbally instructed by the owner or manager that the carrying of a firearm is not permitted in the restaurant.


Must Inform Officer Immediately on Contact By Law?

In New Mexico, it is not needed, because the law does not require you to inform an Officer that you have a permit/license to carry.

29-19-9. Possession of license
A licensee shall have his concealed handgun license in his possession at all times while carrying a concealed handgun.

10.8.2.16 D. Display of license on demand. A licensee carrying a concealed handgun on or about his person in public shall, upon demand by a peace officer, display his license to carry a concealed handgun.


Carry In State Parks//WMA/Road Side Rest Areas & St. /Nat. Forests

Carry is Allowed in these Areas:

State Parks: YES (Starting 1/1/13) Admin Code 19.5.2.21
State/National Forests: YES
State WMA’s: NO; 17-2-12
Road Side Rest Areas: YES


Car/RV Carry Without a New Mexico Concealed Carry Permit

New Mexico Statute 30-7-2.2 (C) (1) states you must be at least 19 years of age to possess a handgun.

From the Department of Public Safety FAQ

Q: Do I have to be licensed to have a concealed loaded handgun inside my vehicle?

A: No. New Mexico law allows a person who is not otherwise prohibited to have a concealed loaded firearm in his/her vehicle (including motorcycles and bicycles). See 30-7-2 NMSA 1978. If you are not licensed to carry concealed in this State or in a state that NM recognizes, you may not have the weapon concealed on your person when you exit your vehicle or motorcycle.

30-7-1. "Carrying a Deadly Weapon"
"Carrying a deadly weapon" means being armed with a deadly weapon by having it on the person, or in close proximity thereto, so that the weapon is readily accessible for use.

30-7-2. Unlawful Carrying of A Deadly Weapon
A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:

(1) in the person's residence or on real property belonging to him as owner, lessee, tenant or licensee;
(2) in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property;

B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm.

29-19-10. Validity of License On Tribal Land
A concealed handgun license shall not be valid on tribal land, unless authorized by the governing body of an Indian nation, tribe or pueblo.


Open Carry (Without a Valid Permit/License)

Open Carry is legal and common in New Mexico. Places as listed in the “Places Off Limits” above apply to those who open carry. See the “RV/Car Carry Without a Permit” section for carrying in a vehicle.

30-7-3 of the New Mexico Code states only a person with a valid Concealed Firearms License can carry into any establishment that dispenses alcohol. So Open Carry would be prohibited into any place that sells any alcohol for consumption off the premises without a valid license. This would be any store that sells alcohol like Wal-Mart etc.

The state preempts all firearm laws in the state and local authorities can’t have Laws/Ordinances against open carry. Remember that if you enter any property and the owner/responsible person ask you to leave you must leave. Failure to leave can result in Trespass Charges. The Minimum age for Open Carry is 19.

Open Carry could be forbidden in places where those with a valid permit/license can carry, please continue reading for more.


State Preemption

New Mexico Supreme Court Ruling
Opinion Number: 2002-NMSC-017
Filing Date: June 4, 2002
Docket No. 27,149

(13) We determine that the Legislature's delegation of authority to local governments to prohibit the carrying of concealed weapons in Section 29-18-11(D) violates the constitutional proscription against municipal and county regulation of an incident of the right to keep and bear arms in Article II, Section 6 of the New Mexico Constitution.


Laws Regarding Deadly Force

Chapter 30 Homicide

30-2-5 Excusable homicide.
30-2-6 Justifiable homicide by public officer or public employee.
30-2-7 Justifiable homicide by citizen.
30-2-8 When homicide is excusable or justifiable defendant to be acquitted.


May Carry in Restaurants that serve Alcohol

In New Mexico, carry in restaurant that serve Alcohol is allowed but only into:

30-7-3 (A) (4) (b)

A restaurant licensed to sell only beer and wine that derives no less than sixty percent of its annual gross receipts from the sale of food for consumption on the premises, unless the restaurant has a sign posted, in a conspicuous location at each public entrance, prohibiting the carrying of firearms, or the person is verbally instructed by the owner or manager that the carrying of a firearm is not permitted in the restaurant;

Therefore, carry is not permitted in any restaurant that serves “Hard Liquor.” New Mexico Alcohol & Gaming Division No Gun Signage with Exception.


Laws Regarding Chemical Sprays, Stun Guns, and Higher Capacity Magazines

Currently, there are no restrictions in New Mexico Law concerning Chemical Sprays, Stun Guns Or Higher Capacity Magazine Bans.


Airport Carry and Other Misc. Information

Airport Carry: Parking Lot and Terminal OK

Training Valid for: 90 Days

Time Period to Establish Residency: Upon obtaining a state Drivers License/ID + 1 more type of ID

Minimum Age for Permit/License: 21 Years Old

Permit/License Info Public Information: NO

State Reciprocity/How They Honor Other States Statute: 29-19-12

State Fire arm Laws: 29-19-1 thru 14 & 30-7-1 thru 16

State Deadly Force Laws: 30-2-5 thru 30-2-8

State Knife Laws: 30-1-12. & 30-7-2. & 30-7-8

Chemical/Electric Weapons Laws: No laws found

Body Armor Laws: No laws found

Does Your Permit Cover Other Weapons Besides Firearms? NO 29-19-2

Is carrying of a Concealed Firearm with Permit/License for Defensive Purposes Only While Hunting Legal? YES; There is no reference in New Mexico Game & Fish Regulations that states you can't carry a self defense firearm.


What Does NM Consider A Loaded Firearm?

New Mexico law does not define what is a Loaded or Unloaded firearm.


State Emergency Powers

12-10-18. Emergency Restrictions

A. During the existence of a state of emergency, the governor may, by proclamation, prohibit:
(1) any person being on the public streets, in the public parks or at any other public place during the hours proclaimed by the governor to be a period of curfew;

(2) any designated number of persons from assembling or gathering on the public streets, public parks or other open areas, either public or private, or in any public building;

(3) the manufacture, transfer, use, possession or transportation of any device or object designed to explode or produce uncontained combustion;

(4) the transportation, possession or use of combustible, flammable or explosive materials in a glass or uncapped container of any kind except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use;

(5) the possession of firearms or any other deadly weapon by a person in any place other than his place of residence or business, except for peace officers;

(6) the sale, purchase or dispensing of alcoholic beverages or other commodities or goods designated by the governor;

(7) the use of certain streets or highways by the public; and

(8) other activities the governor reasonably believes should be prohibited to help maintain life, property or the public peace.

B. Any proclamation issued under this section becomes effective immediately upon its signing by the governor, but the governor shall give public notice of its contents through the public press and other news media. The restrictions may be imposed during times, upon conditions, with exceptions and in areas of the state designated by proclamation of the governor from time to time.

The Federal Law can apply if the state is receiving monetary and/or other assistance from the Federal Government. See US Code 42-5207 for Federal Law as it applies to States of Emergencies. The state quoted code may also not be all of the law on Emergency Powers held by the state. You should read the entire code on Emergency Powers etc for this state by following the link to the state code.


Minimum Age for Possessing and Transporting of Handguns

New Mexico: 19 Years Old

30-7-2.2. This is the minimum age for possessing and transporting a handgun unloaded and secured in a vehicle without any type of permit/license to carry firearms.

In some states, Possession and Transportation can be very restrictive in that you can only possess and transport a handgun to and from a Shooting Range, Gun Shop, property you own or other places you can legally possess a handgun. Some states do not have this restriction.


Links To Additional Resources Regarding New Mexico Concealed Carry

New Mexico State CCW Site

New Mexico CCW Application

New Mexico Application Instructions

New Mexico State FAQ Site

New Mexico State Statutes

New Mexico State Administration Rules

New Mexico State Reciprocity Information

New Mexico State Attorney General

New Mexico CCW Administration Rules


 

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